Summary
Creates a way for victims of human trafficking to erase federal convictions and arrests for crimes they were forced to commit.
What problem does this solve?
Traffickers often force victims to commit crimes, which gives them a criminal record. This law lets victims ask a court to clear those records so they can move on with their lives.
Who does this affect?
- Survivors of human trafficking
- Federal prosecutors
- Federal courts
What does this law do?
Allows vacating non-violent convictions
Lets a person who was a victim of trafficking ask a court to completely erase a federal conviction for a non-violent crime that they were forced to commit.
Allows expunging arrest records
Lets a trafficking victim ask a court to erase records of an arrest for a non-violent crime. Arrests for violent crimes can also be erased if the person was found not guilty or the charges were dropped.
Creates a new legal defense
Establishes that being a victim of trafficking can be used as a 'duress' defense in court, arguing the person was forced to commit the crime.
Reduces prison sentences
Allows a judge to lower the prison sentence for a person who is currently in jail if it is found they committed the crime as a direct result of being trafficked.
Keeps survivor information private
Requires all court documents related to a survivor's request to be sealed and kept confidential to protect their privacy.
Eliminates filing fees
Prohibits courts from charging any fees to survivors who file a motion to clear their record under this law.
What is the real world impact?
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Provides a path to a clean slate for survivors
Recognizes that traffickers force victims into criminal activity and gives those survivors a way to clear their records. This helps them find jobs, housing, and rebuild their lives without the burden of a criminal history.
When does this start?
This law takes effect on January 23, 2026, and applies to all past and future convictions and arrests.
U.S. attorney reports
Within one year, each U.S. Attorney must report to the Attorney General on the number of motions filed in their district.
Attorney general report
Within one year, the Attorney General must report to Congress on the human trafficking training that U.S. Attorneys have received.